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I have a letter from the United States Catholic Conference on the matter of prison construction which, without objection, shall be placed in the record at this point, together with the statement of Reverend Dr. Regier.
[The letter follows:)
We are writing to express the concern of the United States Catholic Conference regarding two provisions of the Fiscal Year 1977 State, Justice, Commerce and the Judiciary and Related Agencies Appropriations Bill. First, we support the increase in appropriations for the Legal Services Corporation to enable it to expand its services to Americans in need of legal assistance. Second, we oppose the request of the Federal Bureau of Prisons for funding to construct new prisons.
In 1973, the United States Catholic Bishops articulated a comprehensive position on the reform of correctional institutions. (See enclosed). They recommended further exploration of communitybased alternatives, a moratorium on present prison construction and remodeling while the alternatives are being investigated, and a program of useful work for those presently incarcerated.
Numerous studies by scholars and government bodies have documented the inability of prisons to rehabilitate inmates and thús protect society. The processing of individuals through the prison system creates psychological and physical deprivations which lead to the development of aberrational behavior. These behavior patterns, e.g., homosexuality, blackmarketing, as well as factors such as inadequate diet and insufficient psychological and medical care break the remaining linkages between the inmate and society. As a consequence of these conditions, the prison can become not an institution of rehabilitation but, "an instrument of punishment or perhaps just a means of deterring the criminally inclined from engaging in unlawful behavior; it may also be a setting which generates further crimes...." For these reasons, we oppose the construction of additional federal prisons.
In particular, we oppose the building of the facility at Otisville, New York. The location of this facility and economic conditions in the area make it relatively inaccessible by public transportation and preclude the establishment of an effective work release program.
With respect to the Legal Services Corporation, we support a funding level which will permit the expansion of its services to areas of the country which are not now being served. Quality legal representation in both criminal and civil cases is essential for individuals to receive just treatment before the law. An adequate quantity of services must be available in order that the poor may not be deprived of counsel, simply because of their economic situation. In their statement, the Bishops underscored the lack of both an adequate quantity and quality of legal services for the poor. Accordingly, we support the expansion of the services provided by the Legal Services Corporation.
The poor are the victims of the inadequacies and injustices of our penal and legal systems. The adequate funding of the Legal Services Corporation and the utilization of funds from the Federal Bureau of Prisons for community facilities, rather than prisons, are an important step toward rectifying this situation. Therefore, we would urge the Subcommittee to oppose the allocation of any appropriations for new prison construction. Further, we would encourage the Subcommittee to recommend that monies be appropriated for community-based programs. Finally, we would ask you to allocate the monies necessary to expand the program of the Legal Services Corporation.
We respectfully submit that this letter be included in the permanent hearing record of the Subcommittee.
Thank you for your careful consideration of these important matters.
(Rev. Msgr.) Frantis J. Lally
and World Peace
U.S. ATTORNEYS APPEAL
Senator PASTORE. That concludes the Justice Department.
Mr. POMMERENING. Mr. Chairman, the Department is appealing for the restoration of some positions reduced by the House committee for the U.S. attorneys. Jerry Fines, the Deputy Director of the Executive Office is here.
Mr. FINES. We are requesting restoration of 91 positions that were reduced by the House. We originally requested 291 positions for fiscal year 1977; 91 of these positions were deleted by the House allowance; 100 positions became part of the 1976 supplemental.
With the restoration of 91 positions decreased by the House it will bring our request to the original total of 291 positions.
Senator PASTORE. These are the U.S. attorneys?
Senator PASTORE. Can that be shaved down in any way? You are just asking for the full amount, aren't you? You are asking for a full restoration?
Mr. POMMERENING. That is correct, Senator. The Department has through the entire course of the budget procedure in 1977, assigned to the functions of the U.S. attorney's offices the highest priority in the Department.
I am sorry Judge Tyler could not remain for the balance of the day. I know that he feels very strongly about the very critical need to operate at what he considers to be this minimal level for the U.S. attorneys.
Senator Pastore. That is the $2,030,000, right?
U.S. ATTORNEYS 1977 BUDGET AMENDMENT
Senator Pastore. Just the U.S. attorneys and marshals?
Mr. POMMERENING. There is a budget amendment to provide for full year funding or annualization of the 100 positions which were accelerated in fiscal year 1976 by supplemental action.
Senator PASTORE. Is that the $1,025,000?
FEDERAL BUREAU OF INVESTIGATION Senator PASTORE. Thank you.
Now we have General Chapman here and we have Mr. Callahan from the FBI. I would like to hear a word from them on the matter of the allowance that was made by the House.
The House granted you $ 12,419,000 over and above the amount that was asked in the budget estimate. Are you familiar with that, General?
General CHAPMAN. Yes, sir.
10-25 76 - 34
NEW PERSONNEL FOR INSPECTION AND INVESTIGATION ACTIVITIES
Senator PASTORE. Do you think there is a need for these new personnel?
General CHAPMAN. Yes, sir, I do.
General CHAPMAN. A part of the House action would restore several cuts that were proposed in the Immigration Service, a cut of 133 in the inspection activity; of 127, in the investigations program; and, some other minor cuts.
It would restore the administratively uncontrollable overtime reduc. tion that was made for the Service. Then these restorations would bring the Service back to the fiscal year 1976 level.
Then it would add for the new fiscal year an increase of 100 inspectors, to enable us to man new facilities that are either under construction or will open during the year. In some cases construction is already complete and they are unmanned.
Senator PASTORE. Did the House suggest a figure of a 100 increment or did you-I mean how did you reach the figure of 100?
General CHAPMAN. The figure of 100 inspectors is the sum of the inspectors required for the new facilities that are to open up during the year.
Senator PASTORE. And you made that presentation before the House?
General CHAPMAN. That presentation was made to OMB. No, sir, we did not make it to the House.
Senator PASTORE. It was made to OMB?
General CHAPMAN. There is a new bridge across the river at Laredo, Tex., that opens in October or November. There is a new international wing at the John F. Kennedy Airport in New York City. It is an American Airlines wing. There are new entrance facilities at Honolulu International Airport. I can provide a complete list for the record. It adds up to 100 positions.
Senator PASTORE. Will you do that?
NEW AND EXPANDED FACILITIES
At J.F.K. International Airport, New York, to staff the new American
At Miami, Florida, to meet an estimated 10 percent increase in
At Norfolk, Virginia, International Airport now open for charter
At Edmonton International Airport for preclearance operation
5. At Calgary International Airport for preclearance operation
scheduled to begin September 1, 1977.
6. At Winnipeg International Airport for expanded preclearance operation
beginning October 1, 1976.
At Wilkes-Barre/Scranton Airport to provide inspection of charter
At Harrisburg, Pennsylvania Airport to provide inspection of
9. At San Ysidro, California, to staff eight new vehicular inspection
lanes, now available for use.
At Los Angeles International Airport to staff expanded facility
At Larado, Texas, to staff three traffic lanes and secondary
At Nogales, Arizona, to staff new port facility scheduled to open
At Salt Lake City Airport to inspect international charter flights
14. At Great Falls International Airport to inspect large scale inter
national charter flight operations due to begin May 1, 1976.